Alternatives to Confinement for Juveniles
Arkansas Code
9-28-701 to 703

Description: West's Arkansas Code Annotated Currentness Title 9. Family Law Subtitle 3. Minors (Chapters 25 to 34) Chapter 28. Placement or Detention Subchapter 7. Community-Based Sanctions (Refs & Annos) 9-28-701. Legislative intent (a) Presently circuit judges must often choose between imposing no sanction at all or committing juveniles to the Division of Youth Services of the Department of Human Services. Judges should have punitive options available as alternatives to confinement. Therefore, it is the intent of the General Assembly that a continuum of graduated sanctions be available in every judicial district in Arkansas and that the division provide for a continuum of sanctions that may be imposed in the community in lieu of commitment to the division in every situation. (b) Further, the General Assembly recognizes that sanctions are usually not effective unless the sanctions are coupled with treatment and intervention services that address the underlying problems of the youth and his or her family. It is for this reason the General Assembly has provided that the community-based sanctions program be implemented by the division as part of its community-based provider contracts, and that any and all funds specifically appropriated to implement this subchapter are in addition to those funds provided for other prevention intervention, therapeutic, and family services and shall be added to existing community-based contracts without further request for proposal, but must be spent exclusively to implement and support community-based sanctions. 9-28-702. Community based sanctions--Available sanctions--Criteria (a) The Division of Youth Services of the Department of Human Services shall ensure that each judicial district has a continuum of sanctions available through its contracts with community-based providers. The sanctions may include, but are not limited to, the following: (1) House arrest as enforced by electronic monitoring or intensive supervision; (2) Restitution; (3) Community service; (4) Short-term detention in either a staffed or physically secure facility provided by the community-based provider or other licensed subcontractor; (5) Mandatory parental participation in either therapeutic or sanction programs enforced, if necessary, by contempt sanctions. (b) The Director of the Division of Youth Services of the Department of Human Services shall ensure that criteria are established to ensure the maximum use of resources, in each judicial district, to make this program available to as many juveniles as possible. To the extent resources are available, a community-based sanction may be used for the following juvenile offenders and circumstances: (1) Offenses not involving violence; (2) Failure to comply with the terms of the aftercare plan; (3) Contempt of court for failure to comply with any valid court order; and (4) Revocation of probation. (c) Nothing in this section requires the division to provide all the sanctions listed in this section, but simply to ensure that each judicial district has in place a continuum of graduated community-based sanctions and that those sanctions are available for as many juvenile offenders as possible. (d) The division shall add to the community-based provider contracts without further request for proposals, any and all funds specifically appropriated to implement this subchapter and shall ensure that those funds are spent exclusively to implement and support community-based sanction programs. 9-28-703. Imposition of community based sanctions (a) The Division of Youth Services of the Department of Human Services may impose any community-based sanction on a juvenile in its custody or who is in aftercare as a result of having been committed. (b) The court may impose community-based sanctions as an original disposition, revocation of probation, or as a contempt sanction. (c) The community-based provider may not independently impose the community-based sanctions.

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